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HomeMy WebLinkAbout17- Public Use Easement - FPR Properties, LLC - Bozeman To Bridger Mountains Trail MTE MONTANA TITLE AND ESCROW ORDER# �Zu� PLATTED � 2598746 Page: 1-of b 11/15/2017 03:02:48 PM Fee. $42.00 Charlotte Mills - Gallatin County, MT MISC Return to: DOWL 2090 Stadium Drive Bozeman, MT 59715 o�so2�a PROJECT NAME: BOZEMAN TO CITY OF BOZEMAN BRIDGER MOUNTAINS TRAIL - x Department of Parks and Recreation PROJECT#: FHWA MT DOT 86(1) TOP Program PARCEL#: 025A AND 025B CO. PUBLIC USE EASEMENT PUBLIC USE EASEMENT This PUBLIC USE EASEMENT is granted as of // ' 2017 (the "PUE"), by FPR PROPERTIES, LLC, an Ohio limited liability company, w ose address is 181 Brass Lantern Court, Bozeman, Montana 59715 ("Owner"), for and in consideration of Ten and No/100 Dollars, and other valuable consideration, in hand paid, to the CITY OF BOZEMAN, a municipal corporation of the State of Montana, with offices at 121 North Rouse Avenue, Bozeman Montana 59715, (the "City"), with the following considerations: RECITALS WHEREAS, the Owner is the owner of the following real property: Tract E of Certificate of Survey no. 1154-A, located in the SE'/4 of Section 28, and the NE'/ of Section 33, Township 1 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official survey thereof on file and of record in the office of the county clerk and recorder of Gallatin County, Montana ("Owner's Land"); WHEREAS, the City desires to obtain an easement to perform the activities described below upon the following portion of the Owner's Land, and as the same is more particularly described and shown on the attached Exhibit A and Exhibit B (collectively, the "Easement Land"): Parcel 025A Beginning at the southwest corner of the easement herein described, being a point on the north right-of-way of Bridger Canyon Road, being a 1.5 inch aluminum cap road right-of-way monument marked 5653ES, said point of beginning; Thence, from said point of beginning, N 1 V 26' 04" W, 7.84 feet along the west line of said tract; Thence, N 83' 29' 32" E, 290.85 feet; Thence, S 88' 12' 18" E, 387.05 feet; Thence, S 88'47' 34" E, 165.44 feet; Thence, S 520 47' 05" E, 53.36 feet to the north right-of-way of Bridger Canyon Road; Thence, N 88' 18' 07" W, 59.85 feet along the north right-of-way of Bridger Canyon Road; Thence, S 1° 28' 19" W, 20.13 feet along the north right-of-way of Bridger Canyon Road; Thence, N 88' 13' 04" W, 822.24 feet along the north right- of-way of Bridger Canyon Road to the point of beginning, and containing 0.828 acres, more or less, as shown on Exhibit A. CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025A and 025E PROJECT#:FHWA MT DOT 86(1) Page 1 of 6 Parcel 025B Beginning at the southeast corner of the easement herein described, being a point on the north right-of-way of Bridger Canyon Road, being a 1.5 inch aluminum cap road right-of-way monument, said point of beginning; Thence, from said point of beginning, N 88' 18' 07" W, 41.95 feet along the north right-of-way of Bridger Canyon Road; Thence, N 76' 37' 37" E, 45.45 feet to the west line of said tract; Thence, S I V 00' 18"W, 11.98 feet along the west line of said tract to the north right-of-way of Bridger Canyon Road to the point of beginning, and containing 0.006 acres, more or less, as shown on Exhibit B. WHEREAS, the Owner is willing to grant an easement to the City upon the Easement Land upon the terms and conditions set forth in this PUE. NOW THEREFORE, in consideration of the recitals and covenants herein contained, and for other valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: Section 1. The Owner hereby grants to the City a permanent easement to enter the Easement Land, on a non-exclusive basis, for the sole and specific purpose of constructing, reconstructing, restoring, operating, maintaining, managing, repairing, improving, monitoring and/or inspecting within the Easement Area a new pedestrian path along the north side of Bridger Canyon Road, and allowing public access to such pedestrian path, all in accordance with the specifications and details for the Bozeman to Bridger Mountains Trail project MT DOT 86(1) (the easement described in this Section 1 being referred to herein as the "Easement" and the new pedestrian path referred to in this Section 1 being referred to herein as the "Path"). Section 2. The City, at its cost, agrees to do the following: (i) keep and maintain the Easement Land, together with the Path, in good operating condition, repair and order; (ii) keep the Easement Land, together with the Path, free from litter, debris or other unsightly condition; and (iii) upon completion of the construction of the Path, and except for changes to the Easement Land necessitated by the Path, restore the Easement Land (and any portion of the Owner's Land damaged as a result of the Easement granted hereunder) as nearly as possible to its original condition. Section 3. The City covenants and agrees that at no time shall the Path, or the Easement granted hereunder: (i) negatively or materially affect or impact the free ingress to, and free egress from, the Owner's Land; or(ii) otherwise adversely affect the Owner's Land in the after condition. Section 4. The City shall indemnify and hold the Owner together with its heirs, successors, transferees and assigns, harmless from any liabilities, costs, expenses and/or damages, including, without limitation, injury or damage to persons or property, directly or indirectly, arising out of, from, caused by, or attributable to: (i) any acts or omissions of the City, and/or its invitees (including, without limitation,the public),tenants, licensees, employees, agents and contractors, in connection with their use of, and/or activities conducted on, the Easement Land and/or the Path; and (ii) any breach of the City's obligations hereunder. Section 5. The provisions of this PUE shall run with and bind the benefited and burdened lands described herein and shall be and remain in effect perpetually to the extent permitted by law. This PUE may be modified only by express written agreement of the owners of the Owner's Land and the City which written agreement shall be filed for record in the official records of Gallatin County Montana. Section 6. All improvements on the Easement Land are the property of the City, removable at its option; provided however, that upon any such removal of the improvements (or any part of them), the City shall repair and restore the Easement Land (and any portion of the Owner's Land damaged as a result of such removal)as nearly as possible to the natural state and condition of the surrounding land. The failure of either party to exercise any of its rights granted herein shall not be construed as a waiver or abandonment of the right. CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025A and 025B PROJECT#:FHWA MT DOT 86(1) Page 2 of 6 Section 7. The Owner hereby covenants with the City that except as otherwise provided in this PUE: (i) it has good title to the Easement Land, (ii) the City shall have quiet and peaceable possession of the Easement thereon; and (iii) the City shall have a free and unrestricted right to maintain the Path in accordance with the terms and conditions of this PUE as long as the Easement Land of which the Path is a part, remains a public way. Section 8. The City may not assign or transfer this PUE or the rights granted it hereunder. FPR PROPERTIE , LLC., an Ohio limited liability company y: Randy Theken Title: Member of FPR Properties, LLC. ACKNOWLEDGMENT OF OWNER STATE OF Vl i.,,�) ss County of� —) On this I 1 t'day of�vs 2017, before me, the undersigned, a Notary Public in and for the said State, personally app a�red Randy Theken of FPR PROPERTIES, LLC, an Ohio limited liability company, whose title is Member, who acknowledged that he did sign the foregoing Public Use Easement on behalf of such company, and by authority of said company, and that the same is his voluntary act and deed on behalf of said company, and the voluntary act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixe o ici seal this day an ear above written. E�,o ' NY GADDOPublic in and forthe State of lMo- �Oo' Notary PuhllcMy Commission Expires: I 30 1q o ::NTHO he State of MontanaResiding at: ,.=� ozeman, Montana P Commission Expires: January 30,2019 CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025A and 025B PROJECT#: FHWA MT DOT 86(1) Page 3 of 6 JOINDER AND CERTIFICATE OF ACCEPTANCE BY CITY THIS IS TO ACKNOWLEDGE AND CERTIFY that the CITY OF BOZEMAN, a municipal corporation of the State of Montana (referred to as "City" in this "Joinder and Certificate of Acceptance by City", as well as in the Public Use Easement of which this "Joinder and Certificate of Acceptance by City" is a part (the "PUE")), acting by and through its Acting City Manager and City Clerk for the City of Bozeman, hereby: (i) acknowledges and agrees that it is a party to the PUE; (ii) agrees to abide and comply with the PUE in accordance with its terms and conditions; (iii) acknowledges, agrees to and accepts the granting of the "Easement" (as defined in the PUE) to it in accordance with the terms and conditions of the PUE; and (iii) consents to the recordation of the PUE. CITY OF BOZEMAN ss Date: 1 — 1'7 By: Deftni84a� AVICILKA SurraCC" 3S 44&�m City Manager ATTEST: r . By: Robin Crough m �,;�: { .7,�; City Clerk ■ _ -+ STATE OF MONTANA ) )Ss. County of Gallatin The foregoing Public Use Easement was acknowledged before me this (, day of �gTtmN)4kw 20� by 9e � ,y;er and Robin Crough, known to me to be the City Manager and City Clerk for the City of Bozeman and the persons whose names are subscribed to this Public Use Easement, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year above written. BRENDA SWEENEY In, ';oA swFF Notary Nota Public in and for the to of Montana Notary Public NOTAA14 FA',for the State of Montana My Commission Expires: Residing at: *' SEAL: Bozeman, Montana My Commission Expires: ,,.ol s�`' December 02,2018 CITY OF BOZEMAN PROJECT NAME:BOZEMAN TO BRIDGER MOUNTAINS TRAIL Parcel 025A and 025B PROJECT#: FHWA MT DOT 86(1) Page 4 of 6 CURRENT OWNER: FPR PROPERTIES, LLC 181 BRASS LANTERN COURT BOZEMAN, MT 59715 \ \ \\\ \\\ \\\\ \\\\ \\ \\\ \\\\\\\\ \\\\\\\\ \\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ TRACT E OF \ \ \\ \ \\ \ \\ C.O.S. 1154-A \\\\\\\\\\\\\OF SEC 33, T\S R6E \\\\\\\\\\\\\\\\\\\ \\\\\\\\\\ L1 \ N 11°\26' 04" W,7 84 FEET \\\\\\\\\\\\\\ \ \ \ \\ \\ \\\ \\\\\\\\\\L2 N 83° 29' 32" E, 290.85 FEET \\\\\\\\ \\\ N \\\\\\\\\ \L3 S 88° 12' 18" E, 387.05 FEET \\\\\\\\ \\ U \\\\\\\\\ \L4 S 88° 47' 34" E, 165.44 FEET \\\\\\\\ \\ \\\ \\\��,L5 S 52° 47' 05" E, 53.36 FEET \\\ \\\ L6 N 88' 18' 07" W, 59.85 FEET \\\ \\\ \\ \'L7 S 1° 28' 19" W, 20.13 FEET \\\\\\\\\\L8 N 88° 13' 04" W, 822.24 FEET \\\\\\\\\\ \ \\\\ \\\\\\\\\\\\\\\\\\\\` PARCEL 025A PUENEW \\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ EASEMENTC USE \ \ \ \ \ \ EXISTING PROPERTY LINE \\\ \\\ \\\ \\\ \\\ \\\\ \\ \\\ \\\ \\\ \\ S\ \ .:_ .. . ,..... L6 POB \ BRIDGER CANYON ROAD R/W LEGEND EXISTING EASEMENT ®EXISTING EASEMENT NEW PUBLIC USE EASEMENT AREA REMAINING A PUBLIC USE EASEMENT TO THE CITY OF BOZEMAN, LOCATED IN TRACT E OF CERTIFICATE OF SURVEY NO. 1154-A, LOCATED IN THE SE%OF SECTION 28, AND THE NE%OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL SURVEY THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY OF BRIDGER CANYON ROAD, BEING A 1.5 INCH ALUMINUM CAP ROAD RIGHT-OF-WAY MONUMENT MARKED 5653ES, SAID POINT OF BEGINNING; THENCE, FROM SAID POINT OF BEGINNING, N 11' 26'04"W, 7.84 FEET ALONG THE WEST LINE OF SAID TRACT; THENCE, N 83° 29' 32" E, 290.85 FEET; THENCE, S 88' 12' 18" E, 387.05 FEET; THENCE, S 88' 47' 34" E, 165.44 FEET; THENCE, S 52°47' 05" E, 53.36 FEET TO THE NORTH RIGHT-OF-WAY OF BRIDGER CANYON ROAD; THENCE, N 88' 18' 07" CURRENT OWNER: FPR PROPERTIES, LLC 181 BRASS LANTERN COURT BOZEMAN, MT 59715 \ TRACT E OF C.O.S. OF SEC 331T1S,, R6E \\\`.L1 N 88° 18' 07" W, 41.95 FEET.` \\\L2 N 76° 37' 37" E,45.45 FEET �L3 S 11° 00' 18" W, 11.98 FEET EXISTING PROPERTY LINE �- ....- . .. =-.. BRIDGER CANYON ROAD � EXISTING EASEMENT r, "R/W LEGEND -' ® EXISTING EASEMENT L NEW PUBLIC USE EASEMENT PARCEL 025B PUE POB NEW PUBLIC USE AREA REMAINING EASEMENT A PUBLIC USE EASEMENT TO THE CITY OF BOZEMAN, LOCATED IN TRACT E OF CERTIFICATE OF SURVEY NO. 1154-A, LOCATED IN THE SE%OF SECTION 28, AND THE NE%OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 6 EAST, P.M.M., GALLATIN COUNTY, MONTANA, ACCORDING TO THE OFFICIAL SURVEY THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF GALLATIN COUNTY, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHEAST CORNER OF THE EASEMENT HEREIN DESCRIBED, BEING A POINT ON THE NORTH RIGHT-OF-WAY OF BRIDGER CANYON ROAD, BEING A 1.5 INCH ALUMINUM CAP ROAD RIGHT-OF-WAY MONUMENT, SAID POINT OF BEGINNING; THENCE, connn CIA 11 Mf'1lk= nr .. nn. w 11 --I.I A -- rr-- .I .-..I.-.— I— .I— -.-rI.